High Court Kerala High Court

Power Grid Corporation Of India … vs Jayakumar on 12 January, 2011

Kerala High Court
Power Grid Corporation Of India … vs Jayakumar on 12 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 11 of 2011()


1. POWER GRID CORPORATION OF INDIA LTD.,
                      ...  Petitioner
2. THE SPECIAL REVENUE OFFICER

                        Vs



1. JAYAKUMAR, AGED 42 YEARS, S/O.
                       ...       Respondent

                For Petitioner  :SRI.MILLU DANDAPANI

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :12/01/2011

 O R D E R
                K.T.SANKARAN, J.
          ------------------------------
                C.R.P.No.11 OF 2011
          ------------------------------
                       th
      Dated this the 12  day of January, 2011




                       ORDER

The respondent filed O.P.(Ele.) No.203 of 2005

on the file of the Court of the Additional District

Judge-II, Thiruvananthapuram under Sections 10 and

16 of the Indian Telegraph Act, 1885, Section 51 of

the Indian Electricity Act, 1951 and Section 42 of

the Indian Electricity Supply Act claiming

compensation.

2. For drawing a 220 K.V. double circuit

transmission line, trees were cut from the property

belonging to the respondent. Dissatisfied with the

compensation awarded, the respondent filed the

Original Petition before the court below. He

claimed that the compensation awarded for the trees

cut was low. He also claimed compensation for

diminution of land value.

C.R.P.No.11 OF 2011 2

3. Before the court below, the only oral

evidence available was that of the claimant as PW1.

Both sides produced documents.

4. The court below considered the rival

contentions of the parties and enhanced

compensation on account of the trees cut, following

the decisions of the Supreme Court in Airports

Authority of India v. Satyagopal Roy and others(AIR

2002 SC 1423), State of Haryana v. Gurcharan Singh

and another(AIR 1996 SC 106) and K.S.E.B v. Livisha

(2007(3) KLT 1 (SC)).

5. The court below fixed the compensation for

the trees cut applying the multiplier at 8. All the

relevant facts were considered by the court below

for the purpose of fixing the compensation to be

awarded on account of the trees cut.

6. As regards the claim for diminution of land

C.R.P.No.11 OF 2011 3

value, the court below followed the principles laid

down in K.S.E.B. V. Livisha (2007(3) KLT 1 (SC)).

The claimant contended that the land value of the

affected land would be 15,000/-. The court below

fixed the market value at Rs.5,000/- and

compensation on account of diminution of land value

was awarded at that rate. The total enhanced

compensation awarded was Rs.72,359.50.

I do not think that the court below has

committed any error or that it has fixed a higher

amount as compensation. I do not think that any

interference is called for.

According, the Civil Revision Petition is

dismissed.

K.T.SANKARAN,
JUDGE.

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